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(영문) 제주지방법원 2013.05.08 2013고정271

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 9, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment became final and conclusive on April 17, 2013.

On November 23, 2012, the Defendant, without obtaining a driver’s license at around 00:15 on November 23, 2012, operated approximately 200 meters in front of the New Jeju Self-Governing Office by driving B rocketing and other automobiles under the influence of 0.115% alcohol alcohol level with no license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. License registers and disqualified meetings of the main office;

1. Previous convictions in judgment: Application of criminal records, confinement certificates, and defendant's statutory statement statutes;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;